Personal Injury

Personal Injury Attorney in Hampton, VA | Hampton Injury Lawyers With Over 60 Years of Combined Experience

Recent Virginia DMV data shows that the City of Hampton recorded more than 3,300 traffic crashes in a single year, resulting in more than 3,700 injuries and 21 deaths. Hampton reported more crash injuries that year than Virginia Beach, a city with more than three times the population. Statewide, a crash occurs roughly every four and a half minutes, and an average of 203 people are injured on Virginia roads every day.

These figures represent real people: commuters, families, service members, and retirees whose lives were changed in an instant by the carelessness of another. When an injury occurs, the insurance company is in the business of saving money, and it will often deny a claim or refuse to compensate the victim for the full extent of the damages. When insurance is not able or willing to fully compensate you, you must seek legal recourse, and it is imperative that you retain a personal injury attorney in Hampton, VA who understands the local courts and the laws of the Commonwealth.

The Stellute Law Firm has been part of the Hampton community for decades. Attorney Mario J. Stellute was born and raised in Hampton, and the firm’s office on Wine Street in Downtown Hampton has served injured clients from Phoebus and Buckroe Beach to Fox Hill and Coliseum Central. A law firm focused on core family values and personalized representation, The Stellute Law Firm has represented thousands of clients over the past 60 years.

To discuss your potential injury claims for free, call The Stellute Law Firm now at 757-722-2815.

Car, Truck, and Motorcycle Accidents in Hampton

Motor vehicle accidents account for the vast majority of personal injury claims in the civil legal system today, and Hampton sees more than its share. The city sits at the junction of Interstate 64 and the Hampton Roads Bridge-Tunnel, while Interstate 664 carries traffic toward the Monitor-Merrimac Memorial Bridge-Tunnel. Fatal crashes in recent years have occurred on Mercury Boulevard, Armistead Avenue, Big Bethel Road, and along the I-64 corridor.

Drivers on these roads owe a legal duty of care to drive safely and follow the rules of the road. When a driver is negligent and causes an accident, that driver is responsible for the ensuing damages. Our Hampton car accident page addresses these claims in detail. The Stellute Law Firm also represents victims of:

Brain Injuries

According to the Centers for Disease Control and Prevention, roughly 190 people die from traumatic brain injury-related causes in the United States every day, and many more survive with lasting impairments. A brain injury can occur from a direct blow to the head or from the violent motion of a collision. The symptoms, which may include memory loss, headaches, difficulty concentrating, and changes in personality, are often missed at first and undervalued by insurers. Our brain injury attorneys work with medical professionals to document the true, long-term cost of these injuries. For a broader look at the injuries we see most often, visit our Hampton types of injuries page.

Dog Bite Victims

The CDC estimates that more than 4.5 million people are bitten by dogs in the United States each year. In Virginia, a dog owner is not automatically liable for every bite. Liability generally turns on whether the owner knew, or reasonably should have known, that the dog had dangerous tendencies, or whether the owner violated a leash or containment ordinance. Dog bite injuries can leave permanent scarring and nerve damage, particularly for children, and they deserve serious legal attention.

Medical Malpractice

When a doctor, nurse, or hospital fails to meet the accepted standard of care, a patient can suffer serious and sometimes fatal harm. Medical malpractice cases are among the most complex personal injury claims. Virginia law requires a certifying expert opinion before suit may be filed, and Virginia Code § 8.01-581.15 caps the total damages recoverable. The cap increases by $50,000 each July 1 and now exceeds $2.7 million. These cases demand early and careful preparation.

Nursing Home Injuries

According to the CDC, roughly one in four adults age 65 and older falls each year, and falls are the leading cause of injury death among older Americans. In a nursing home or assisted living facility, a fall, bedsore, dehydration, or medication error is often a sign of understaffing or neglect. Families place their trust in these facilities, and our nursing home injury attorneys hold negligent facilities accountable when that trust is broken.

Seamen’s Claims

Hampton sits on one of the busiest harbors on the East Coast, and many residents make their living on the water. Seamen injured in the course of their employment may pursue a negligence claim against their employer under the federal Jones Act, and they are generally entitled to maintenance and cure regardless of fault. Dock and harbor workers may instead be covered by the Longshore and Harbor Workers’ Compensation Act. Our seamen’s claims page explains the differences.

Slip and Fall Accidents

Property owners, including stores, restaurants, and apartment complexes, owe visitors a duty to maintain reasonably safe premises. When an owner knew or should have known about a dangerous condition and failed to correct it or provide a warning, the owner may be responsible for the resulting injuries. Evidence in a slip and fall case disappears quickly, as spills are cleaned and hazards are repaired, so prompt action is essential.

Wrongful Death

Losing a loved one because of someone else’s negligence is devastating, and no amount of compensation can undo that loss. Virginia law does, however, allow the personal representative of the deceased’s estate to bring a wrongful death claim on behalf of the statutory beneficiaries identified in Virginia Code § 8.01-53. The claim generally must be filed within two years of the date of death.

Virginia Laws That Affect Your Hampton Injury Claim

  • Statute of limitations. Most personal injury claims must be filed within two years of the injury under Virginia Code § 8.01-243(A).
  • Contributory negligence. Virginia is one of the few states that still follows pure contributory negligence. If you are found even slightly at fault, you may be barred from any recovery.
  • Early statements. Anything said to an insurance adjuster can be used against you. Learn how to protect your injury claim after a car accident before speaking with any insurer.
  • Uninsured drivers. Virginia’s minimum liability coverage is now $50,000 per person and $100,000 per accident. Learn how to recover compensation from an uninsured driver when coverage falls short.

How a Hampton Personal Injury Claim Works

Most personal injury claims follow a similar path, though the timeline varies with the severity of the injury and whether the insurance company disputes fault. After you retain The Stellute Law Firm, we investigate the incident, gather police reports, photographs, and witness statements, and obtain your medical records and bills. Once your treatment has progressed far enough to understand the full extent of your injuries, we calculate the value of your claim, including future medical care where appropriate, and submit a demand to the at-fault party’s insurer.

Many claims resolve through negotiation at this stage. When the insurer refuses to offer fair compensation, we file suit in the Hampton General District Court or the Hampton Circuit Court and proceed through discovery, depositions, and, where necessary, trial. Throughout the process, your attorney, not you, should be the one communicating with adjusters and opposing counsel.

Compensation Available in a Hampton Injury Case

Virginia law allows an injured person to recover the full measure of the harm caused by another’s negligence. Depending on the facts, compensation may include:

  • Past and future medical expenses, including surgery, therapy, and medication
  • Lost wages and diminished future earning capacity
  • Pain, suffering, and mental anguish
  • Scarring, disfigurement, and inconvenience
  • Property damage, such as vehicle repair or replacement
  • Punitive damages where the conduct was willful or wanton, subject to Virginia’s $350,000 cap under Virginia Code § 8.01-38.1

Future damages can be extremely difficult to calculate, and an early settlement offer rarely accounts for them. Our attorneys work with medical providers and, where appropriate, economists and life-care planners to ensure that nothing is overlooked.

Injury Claims for Military Families in Hampton

Hampton is home to Langley Air Force Base, part of Joint Base Langley-Eustis, and thousands of service members and their families live throughout the city. Military families injured by a negligent driver, property owner, or other party generally have the same rights under Virginia law as any other resident. Frequent relocations, however, can complicate a claim, particularly when a service member receives orders to transfer before treatment is complete. Our attorneys can continue to pursue the claim after a family has relocated, and we coordinate with military medical providers to obtain the records needed to prove the injury.

The Stellute Law Firm Is “The One to Know” in Hampton

Insurance companies, with their vast resources and teams of lawyers, may seem intimidating. For more than six decades, however, the accomplished trial lawyers at The Stellute Law Firm have represented thousands of injured clients in the Hampton General District Court, the Hampton Circuit Court, and courts throughout Hampton Roads. We prepare every case as if it is headed to trial, and we never charge a fee unless we recover compensation for you.

If you have been injured in Hampton, call The Stellute Law Firm today at 757-722-2815 to schedule your free consultation.

Frequently Asked Questions

How long do I have to file a personal injury claim in Hampton, VA?

Most personal injury claims in Virginia must be filed within two years of the date of injury under Virginia Code § 8.01-243(A). Wrongful death claims generally must be filed within two years of the date of death. Because certain claims carry different rules, it is best to consult an attorney as soon as possible.

Where will my Hampton personal injury case be heard?

Hampton personal injury lawsuits are generally filed in the Hampton General District Court or the Hampton Circuit Court. Which court hears the case depends primarily on the amount of compensation sought.

What if I was partly at fault for my accident?

Virginia follows pure contributory negligence, meaning a person found even slightly at fault may be barred from recovering anything. Insurance companies use this rule aggressively, which is why an attorney should handle all communication with them from the outset.

Should I speak with the other driver’s insurance adjuster?

You are not required to give a recorded statement to the at-fault driver’s insurer, and doing so can harm your claim. Politely decline and contact an attorney before discussing the accident or your injuries.

How much does it cost to hire a Hampton personal injury lawyer?

The Stellute Law Firm handles personal injury cases on a contingency fee basis. There is no upfront cost, and no attorney’s fee is owed unless we recover compensation for you.

Mario Stellute is available to his clients 24 hours a day, 7 days a week. To find out firsthand why The Stellute Law Firm is “The One to Know,” call 757-722-2815 or contact us online.

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